Ajeet Singh @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67231 of 2022 Arising Out of PS. Case No.-103 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== AJEET SINGH @ AJIT KUMAR SON OF LATE SHIV NANDAN SINGH (MAHTO) R/O VILLAGE- BARATOL, WARD NO.09, SOMNAHA, P.S.- CHAKMEHSI, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Samastipur Excise P.S. Case No. 103 of 2021, for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 189 litres of illicit liquor from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he

Patna High Court CR. MISC. No.67231 of 2022(2) dt.08-02-2023 2/3 is languishing in custody since 19.10.2022. The learned counsel for the petitioner has further submitted that the petitioner is an accused only in one another case but he is on bail in the said case. It is also submitted that the house in question is in joint possession of the petitioner and his family members, hence the petitioner cannot be solely saddled with the liability of the illicit liquor recovered from the house in question.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein as also considering the fact that the petitioner was not arrested from the spot and the house in question is in joint possession of the petitioner and his family members, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named,

Patna High Court CR. MISC. No.67231 of 2022(2) dt.08-02-2023 3/3 is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court-02, Samastipur in connection with Samastipur Excise P.S. Case No. 103 of 2021.

(Mohit Kumar Shah, J) S.Sb/Saurav U T